From the Outkast song Hey Ya to Taylor Swift album covers, Polaroid’s instant film has remained both a piece of photography history and a part of pop culture. But is that iconic white border around a square photo part of a trademarked aesthetic, or just integral to how instant film works? The courts are poised to examine that question and several others as a trademark infringement case between Polaroid and Fujifilm that originally initiated in 2017 will soon likely come to trial.
The trademark infringement case dates back to 2017 and has been in and out of courts since, but a judge for the United States District Court for the Southern District of New York has recently dismissed Fujifilm’s requests for a summary judgment. Last month, Judge Naomi Reice Buchwald partially dismissed Fujifilm’s motion for summary judgment, a move that likely means the case will be headed for a trial.
